Prosecutor won't charge school guard accused of slapping student

GRAND RAPIDS, MI - A Grand Rapids school's security officer accused of slapping a Westside Middle School student in October will not be charged due to insufficient evidence, according to Kent County Prosecutor Chris Becker.

Two other Grand Rapids school officers contradicted the allegation that the student was slapped, the prosecutor said in a statement.

The officer was placed on administrative leave pending the outcome of law enforcement's investigation and the district's internal review of the incident, according to John Helmholdt, district communications director. He said GRPS officials are still reviewing the case.

The police were called to Westwood Middle School at 10 a.m. on Oct 2, for "trouble with a person," which was an 11-year-old male student. He was handcuffed in the office with district security when police arrived and later released to his mother.

The case was reclassified Oct. 9 as an assault after the mother said he was slapped. She emailed a cell phone picture to police of alleged finger marks on her son's cheek, but not of the best resolution, according to the police report.

The officer denies slapping the student and other security staff didn't see or hear a slap. The student was described as being unruly in the hallway, got caught in a sweep, and was sent to the media center to be signed up for detention, according to the police report.

But the student was said to be uncooperative by staff and directed to the main office and later the security office. In the office, the report says he was swearing and yelling, and became more upset after his cell phone was taken for playing loud music.

During this time, he was asked to sit down several times and reportedly walked up to the security officer a few times within an inch or so of his chest and later attempted to grab the phone back, according to the police report.

The officer told police he took the student down using a "straight armbar takeover," and he was handcuffed.

The student told police that after being handcuffed the officer gave him a backhanded slap.

"There is insufficient evidence to show he was slapped during the incident," said Becker, in a statement to MLive/The Grand Rapids Press.

"Myself, and others in the office, reviewed the body camera video of the GRPD officers who responded to the scene and we were unable to see any marks on the child's face. The photo provided to us was blurry at best, there was nothing that could be used from the photograph."

Becker said the child said he was slapped, but the two GRPS officers present denied that occurred, so there was simply not enough evidence to charge in this case.

Regarding a separate incident, the prosecutor's office is still determining whether to pursue charges against a Kent Hills Elementary teacher also accused of assault.

Robert Spaeth, who was placed on administrative leave, was accused of choking a second-grader in October. Last year, he was suspended after a similar accusation but not charged.